Marriage (Same Sex Couples) Act 2013

An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes.

Civil partnership became legal in the United Kingdom in 2004, allowing same-sex couples and couples of whom one spouse had changed gender to live in legally recognised intimate partnerships similar to marriage, but without permitting them to marry, or describe themselves as married. It also compelled couples to end their marriage if one or both spouses underwent gender change surgery, or if the couple were not recognised in law as having male and female gender.

Following the 2010 General Election, in September 2011, Liberal DemocratParliamentary Under-Secretary for Equalities, Lynne Featherstone, announced that the Government of the United Kingdom would launch a consultation in March 2012 on how to introduce civil marriage for same sex couples in England and Wales.[2] The consultation closed in June 2012 and, in December 2012, the new Minister for Women and Equalities, Maria Miller, announced that the Government would be introducing legislation "within the lifetime of this Parliament" and that they were "working towards this happening within this Parliamentary Session".[3] The Marriage (Same Sex Couples) Bill was introduced into Parliament on 24 January 2013. The leaders of the three main political parties in the United Kingdom gave their MPs a free vote on the legislation, meaning they would not be whipped to vote in favour or against it.[4]

The Bill was welcomed by many, including the gay rights campaigning group Stonewall.[5] The organisation Labour Humanists said there was "no credible ethical reason" to oppose gay marriage[6] and Minister for Women and Equalities, Maria Miller, told the House of Commons that the proposals "will strengthen, not weaken" the institution of marriage.[7]

Others opposed the Bill. In December 2012, the Right Reverend Mark Davies used his Christmas sermon to link the Bill to how he considered "Nazis and Communists undermined faith".[8] Concerns about the teaching of same sex marriage or same sex relationships in school were highlighted by Minister for Faith Baroness Warsi.[9] The campaign director of lobby group Coalition for Marriage, which opposes same-sex marriage, labelled the legislation "appalling".[10] On 18 May 2013 over 400 leading Muslims, including head teachers and senior representatives of mosques across the country, published an open letter opposing the act on the grounds that "Muslim parents will be robbed of their right to raise their children according to their beliefs, as gay relationships are taught as something normal to their primary-aged children".[11]

Some Members of the House of Commons spoke out against the Bill. The Conservative MP for Hendon, Matthew Offord asked if "other forms of marriage, such as polygamy" would be introduced as a result of the same-sex marriage plans, although the Government has said that this "would not be possible".[12]Edward Leigh, Conservative MP for Gainsborough accused the government of attempting to "redefine" marriage[13] and Labour MP Austin Mitchell tweeted that gay marriage was "neither urgent nor important".[14]

The Bill is notable for its "quadruple lock"[15] to safeguard religious organisations from being forced to conduct same sex marriages, however in 2013 the Right Reverend Tim Stevens, Bishop of Leicester has called marriage between a man and a woman "a social institution which predates both church and state" and that what he described as an "absence of overwhelming public consensus for change ought to give pause for thought",[16] despite the fact that the "quadruple lock" would not permit the Church of England or the Church in Wales to conduct same sex marriages, without expressly confirming that they wished to do so.

States that the common law duty on members of the clergy to solemnise marriages does not extend to same-sex marriages.

Fully in force (since 13 March 2014).

Section 2

Provides protections for individuals and religious organisations who choose not to "opt in" to solemnise same-sex marriages from any liability including through amending the Equality Act 2010.

Fully in force (since 13 March 2014).

Section 3

Amends the Marriage Act 1949 to update the list of marriages which can be solemnised without the need for any "opt in":

religious marriages for opposite-sex couples only in registered buildings;

civil marriages for all couples in a register office;

civil marriages for all couples in approved premises e.g. a hotel;

religious marriages for opposite-sex couples by the Quakers or the Jewish religion;

religious marriages for opposite-sex couples, one of whom is house-bound or detained;

civil marriages for all couples, one of whom is house-bound or detained;

marriages for opposite sex couples in a church or chapel of the Church of England or the Church in Wales.

Fully in force (since 13 March 2014).

Section 4 and Schedule 1.

Sets out the procedure by which religious organisations (except for the Church of England, the Church in Wales, the Quakers and the Jewish religion) can "opt in" to solemnise same-sex marriages in religious buildings.

Fully in force (since 13 March 2014).

Section 5

Sets out the procedure by which the Quakers and the Jewish religion can "opt in" to solemnise same-sex marriages.

Sets out the procedure by which religious organisations (except for the Church of England and the Church in Wales) can solemnise same-sex marriages where one or both of the same-sex couple is house-bound or detained.

Fully in force (since 13 March 2014).

Section 6

Sets out the procedure by which same-sex marriages may be solemnised in naval, military and air force chapels (except for marriages according to the rites of the Church of England or the Church in Wales).

Fully in force (since 3 June 2014).

Section 7

Amends the Marriage (Registrar General’s Licence) Act 1970 so that the Registrar General can authorise a religious marriage ceremony of a same-sex couple if the relevant governing authority has consented to marriages of same-sex couples. The Registrar General is permitted to authorise marriages where one of the couple is seriously ill, is not expected to recover and cannot be moved.

Fully in force (since 13 March 2014).

Section 8

Sets out the procedure by which the Church in Wales can "opt in" to solemnise same-sex marriages. The Lord Chancellor would have to be satisfied that the Governing Body of the Church in Wales had resolved that the law should be changed to allow for the marriage of same-sex couples according to the rites of the Church in Wales. He must then make an order permitting the Church in Wales to perform same-sex marriages.

Fully in force (since 13 March 2014).

Section 9

Sets out the procedure by which couples in a civil partnership can convert their civil partnership into a marriage.

Fully in force (since 10 December 2014).

Section 10 and Schedule 2

Provides that same-sex marriages entered into outside of the United Kingdom will be recognised as a marriage in England and Wales.

Provides that same-sex marriages entered into in England and Wales will be recognised as civil partnerships in Scotland and Northern Ireland.

Fully in force (since 13 March 2014).

Section 11 and Schedules 3 and 4

Provides that, as a general rule, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples under English law.

Sets out how English law is to be interpreted to ensure that same-sex marriages are treated in the same way as opposite-sex marriages.

Sets out certain exceptions to the general rule.

Section 11 and Schedule 3 fully in force (since 13 March 2014). Schedule 4 almost entirely in force (since between 13 March and 10 December 2014) with one exception.

Section 12 and Schedule 5

Amend the Gender Recognition Act 2004 to enable existing marriages registered in England and Wales or outside the United Kingdom to continue where one or both parties change their legal gender and both parties wish to remain married. It also amends the Act to enable a civil partnership to continue where both parties change their gender simultaneously and wish to remain in their civil partnership.

Permits secondary legislation to be made which allows for marriages to take place in overseas consulates.

Permits secondary legislation to be made which allows for certificates of no impediment to marriage to be issued where a United Kingdom national wishes to marry overseas according to local laws if that country or territory.

Permits secondary legislation to be made which allows for members of the armed forces serving overseas, and accompanying civilians, to marry in the presence of a chaplain or other authorised officer.

Fully in force (since 3 June 2014).

Section 14

Requires the government to arrange for a review of whether secondary legislation should be made which would permit belief-based organisations (such as humanists) to solemnise marriages and for a report on the outcome of the review to be produced and published before 1 January 2015.

Fully in force (since 31 October 2013).

Section 15

Requires the government to arrange for review of the operation and future of the Civil Partnership Act 2004 in England and Wales to be carried out, and for a report on the outcome of the review to be produced and published.

Fully in force (since 17 July 2013).

Section 16

Requires the government to arrange for review of certain matters relating to occupational pension schemes to be carried out, and for a report on the outcome of the review to be produced and published before 1 July 2014. Following the review, the government may make secondary legislation for the purpose of eliminating or reducing relevant differences in survivor benefits.

Fully in force (since 17 July 2013).

Section 17 and Schedule 7

Makes various transitional and consequential provisions.

Allows for secondary legislation which is needed to ensure the effective transition from marriage only being available to opposite-sex couples to being available for all couples.

Deals with transitional arrangements in relation to "approved premises", e.g. premises (such as hotels) which have been approved by local authorities as venues for civil marriages and civil partnerships, and provides that any premises in the process of applying to be approved, or already approved as a venue for marriages of opposite sex couples will automatically be approved as a venue for marriages of same sex couples. Any future applications for, and grants of, approval of premises, will be for both same sex and opposite sex civil marriage.

The Bill was examined by the Marriage (Same Sex Couples) Bill Committee, a Public Bill Committee established to scrutinise the Bill line-by-line. The Committee made no amendments to the Bill and returned it to the House of Commons on 12 March 2013.[22]

The Bill was examined by the House of Commons as a whole during the Report Stage on 20 and 21 May 2013.[25] During the Report Stage, a number of amendments were made to the Bill:

A new clause was inserted which makes clear that chaplains who are employed by a non-religious organisation (such as in a hospital or a university) who refuse to conduct a same sex marriage will not contravene anti-discrimination legislation.

Clause 8 was amended to state that if the Governing Body of the Church in Wales makes clear that it wishes to conduct same sex marriages, the Lord Chancellor must make an order allowing it to do so, rather than simply having the power to do so.

Following pressure on the government to open up access to civil partnerships for opposite-sex couples, a new clause was inserted which will require there to be a review of the operation and future of the Civil Partnership Act 2004 in England and Wales as soon as practicable.

The Bill passed its Second Reading in the House of Lords on 3 and 4 June 2013,[29] after a vote of 390 (72%) votes to 148 (28%) rejected a wrecking amendment that would have denied it a second reading.[30][31] The bill was supported (and the amendment rejected) by a majority from every party having representation in the House.[30]

The House of Lords – whose members at the time averaged an age of 69[32] – primarily acts as a reviewing chamber, and the second reading is often in effect about the principles of a bill. The bill was therefore expected to be faced with a difficult hurdle, including strong, vocal opposition. A rarely used "wrecking" motion was tabled by Lord Dear, to effectively reject the bill in full, in place of its second reading. Speakers opposed to the bill described it as a breach of tradition, undemocratic, against religion, and ill thought out.[33] Supporters of the bill included peers who were themselves in long-term same-sex relationships (Lord Alli, Baroness Barker, Lord Black of Brentwood, Baron Smith of Finsbury), and a fourth whose daughter was in a same-sex relationship, as well as heterosexual peers such as Lord Jenkin who had been supportive of gay rights for decades.[32] Nine of the 14 Anglicanbishops attending voted for the amendment and five abstained.[34]

The final vote of almost 3–1 against the amendment, and in favour of the bill as it stood, was described by media and other observers as "very remarkable",[32] "crush[ing]"[33] and "overwhelming".[33][35]

The Bill underwent its Committee Stage in the House of Lords on 17, 19 and 24 June 2013.[37] A number of government amendments to the Bill were agreed during the Committee Stage:

Clause 5 was amended to detail the relevant governing authorities for giving consent to same-sex marriages according to the rights and usages of the Jewish religion;

Schedule 7 would now also amend the Marriage Act 1949 to make clear that a same-sex marriage carried out by the Church of England, or by a religious organisation that had not opted in to solemnising same sex marriages would be void;

Schedule 7 would now also amend the Public Order Act 1986. Part 3A of the 1986 Act prohibits stirring up hatred against people based on their sexual orientation. Part 3A would be amended to make clear that any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of itself to be threatening or intended to stir up hatred.

The Bill underwent its Report Stage in the House of Lords on 8 and 10 July 2013.[37] A number of government amendments to the Bill were agreed during the Report Stage:

Clause 2 was amended to define more specifically what is meant by the term "compelled";

Schedule 5 was amended to provide for a new fast-track procedure for granting applications for gender recognition for those in protected marriages who transitioned over six years ago;

A new clause was inserted which would allow the government to make secondary legislation permitting belief-based organisations (such as humanists) to solemnise marriages, following a public consultation.

Sections 15, 16 and 21 came into force on the day the Act received Royal Assent, 17 July 2013. The remaining, substantive provisions of the Act were brought into force by statutory instruments made by the Secretary of State.

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 brought into force various provisions of the Act on 31 October 2013:

Section 4 and schedule 1 but only to the extent that these provisions conferred or related to the power to make subordinate legislation. Section 4 and schedule 1 allow religious organisations to perform same sex marriages if they opt in to do so. Subordinate legislation was required to provide details on the application procedure for religious buildings to register to conduct same-sex marriages;

Paragraphs 5, 8 and 14 of schedule 4 but only to the extent that these provisions conferred or related to the power to make subordinate legislation. Paragraphs 5 and 8 amended the Domicile and Matrimonial Proceedings Act 1973 to set out the jurisdiction of courts in proceedings for orders relating to the ending of a marriage (divorce, judicial separation, nullity of marriage or because one of the couple is dead) and orders relating to declarations of validity of the marriage. Subordinate legislation was required to set out the jurisdiction of the courts to deal with divorce, judicial separation and nullity cases and about the recognition of such orders for a married same sex couple where one of the couple is or has been habitually resident in a Member State of the European Union (EU), or is an EU national, or is domiciled in a part of the UK or the Republic of Ireland. The subordinate legislation brought the jurisdiction in line with that contained within EU law which applies to opposite-sex couples. Paragraph 14 amended the Social Security Contributions and Benefits Act 1992 so that subordinate legislation could be made to provide a particular retirement benefit - the graduated retirement benefit - is available to surviving spouses in same-sex marriages in the same way it is available to widows, widowers and surviving civil partners;

Section 14;

Sections 17(1) to (3);

Sections 18, 19 and 20;

Paragraphs 1 and 2(2) of schedule 2. Paragraphs 1 and 2(2) allow for subordinate legislation to be made which provides that same-sex marriages conducted in England and Wales are to be recognised in Scotland (until same-sex marriage is permitted in Scotland) and Northern Ireland as civil partners; and

Paragraphs 27(3) and (4) of schedule 4. Paragraphs 27(3) and (4) allow for subordinate legislation to be made which contains exceptions to the equivalence in law between opposite-sex marriages and same-sex marriages.

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force a number of provisions for the purposes of making secondary legislation on 21 January 2014:

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force the vast majority of the provisions which allowed same-sex couples to marry on 13 March 2014. As the law requires couples to wait at least 16 days after giving notice to the local register office before a marriage ceremony can take place, the first marriages took place on 29 March 2014. An exception was where the Registrar General has waived the notice period because one member of the couple was seriously ill and not expected to recover. Such marriages could take place at any time after 13 March 2014.[39] Same-sex couples who married abroad under foreign law and who were previously treated as civil partners were recognised as married as of 13 March 2014.[40][41] The provisions which came into force on 13 March 2014 were:

3 June 2014: Marriage in British Consulates in Armed Forces Bases Overseas and in Military Chapels[edit]

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 brought into force a number of provisions on 3 June 2014 which allow same-sex couples to marry in certain British consulates in armed forces bases overseas, and potentially allow for same-sex marriages in military chapels.[40] The provisions which came into force on 3 June 2014 were:

The remainder of section 6;

Section 13;

The remainder of schedule 6; and

Minor provisions within schedule 7.

10 December 2014: Conversion of Civil Partnerships and Marriage of Transgender Persons[edit]

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 4) Order 2014 brought into force all remaining provisions of the Act on 10 December 2014, those including the provisions which allow for couples in a civil partnership to convert their civil partnership into a marriage (section 9) and for individuals in a marriage or a civil partnership to change their gender without first needing to divorce or dissolve the civil partnership (section 12 and schedule 5).